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(영문) 대구지방법원 김천지원 2019.06.25 2019고단333
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2019, at around 01:22, the Defendant: “C,” in front of the trade name “C,” which was located in the Gumi-si B; “A female and male,” upon receiving a report of 112 details, she solicited the Defendant to return home, and she boarded the Defendant to board the patrol vehicle, the Defendant opened a door of the said patrol vehicle while under the influence of alcohol, “I see where I am, I am frien, and I am frien,” and assaulted both slope E’s bridge parts from the patrol vehicle to walk twice.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, maintenance of order, etc. of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statement of the F;

1. Application of Acts and subordinate statutes to report internal investigation (on-site situations, etc.);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to five years; and

2. Application of the sentencing criteria [Determination of Punishment] : Type 1 (Special Sentencing) (Obstruction of Performance of Official Duties), mitigation elements), mitigation areas of punishment [Scope of Recommendation], mitigation areas of punishment, one month to eight months of imprisonment.

3. The defendant's decision-making on sentencing committed assault by drawing the police officer to perform official duties without any particular reason, and considering the contents of the instant crime, which seems to disregard the public authority, the criminal liability of the defendant is heavy.

However, the circumstances are favorable, such as the fact that the defendant showed the form of recognizing the crime, that there is no criminal history exceeding the previous or fine, and that the damaged police officer wishes to take the defendant's wife by agreement with the defendant.

In addition to the above various circumstances, the above sentencing guidelines and the age of the defendant.

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